in Re Timothy D. Stovall

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-18-00324-CV _________________

IN RE TIMOTHY D. STOVALL

________________________________________________________________________

Original Proceeding 284th District Court of Montgomery County, Texas Trial Cause No. 17-10-12611 ________________________________________________________________________

MEMORANDUM OPINION

In this mandamus proceeding, Timothy D. Stovall asks this Court to compel

the trial court (1) to vacate a June 26, 2018 order granting Crown Packaging

Corporation’s motion to compel arbitration and abating the state court proceeding,

and (2) to sign an order denying the motion to compel arbitration. Stovall requests a

stay of the trial court’s June 26, 2018 order pending resolution of this mandamus

proceeding. See Tex. R. App. P. 52.10(a).

To be entitled to mandamus relief, the relator must show that the trial court

clearly abused its discretion and that the relator has no adequate remedy by appeal.

1 In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

Having reviewed the mandamus petition and record, we conclude that Stovall has

not shown that he is entitled to mandamus relief. Accordingly, we deny the motion

for temporary relief and the petition for a writ of mandamus. See Tex. R. App. P.

52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on August 29, 2018 Opinion Delivered August 30, 2018

Before McKeithen, C.J., Horton and Johnson, JJ.